Multiplex Media Ltd (Case reference: 01416)
| Year | 2010 |
| Case Number | 01416 |
| Published date | 01 September 2010 |
| Adjudicated Party | Multiplex Media Ltd |
| Procedure Type | Review (Phone-Paid Services Authority) |
THE CODE COMPLIANCE PANEL OF PHONEPAYPLUS
TRIBUNAL DECISION
Thursday 19 AUGUST 2010 TRIBUNAL SITTING No. 60/ CASE 1
CASE REFERENCE: 790143
Information provider: Multiplex Media Limited, Nottingham
Service provider: MX Telecom Limited, London
THIS CASE WAS BROUGHT BEFORE A REVIEW TRIBUNAL FOLLOWING THE
GRANTING OF AN APPLICATION FOR A REVIEW
UNDER PARAGRAPH 8.10 OF THE CODE
BACKGROUND
On 21 January 2010, a Tribunal upheld breaches against Multiplex Media Limited
(the ‘Information Provider’), in relation to a competition subscription quiz service, operating
under the name ‘Mobile Cash Quiz’. The Tribunal upheld the following breaches of the
PhonepayPlus Code of Practice 11th Edition (Amended April 2008) (the ‘Code’):
Paragraph 5.2 – Legality
Paragraph 5.4.1a – Fairness (Misleading)
Paragraph 5.8 – Contact details
Paragraph 7.12.3a-c – Promotional material subscription requirements
The original Tribunal considered the breaches to be significant, issued a Formal Reprimand
and imposed a fine of £50,000. The Tribunal ordered the Information Provider to seek
compliance advice in respect of the issues identified by the Executive in relation to this service
and its promotion within two weeks from the date of publication of this adjudication, such advice
to be implemented to the satisfaction of the Executive within two weeks of receipt. The Tribunal
also ordered claims for refunds to be paid by the Information Provider for the full amount spent
by complainants, except where there is good cause to believe that such claims are not valid.
REQUEST FOR REVIEW
On 19 February 2010, the Information Provider submitted an application for a review of the
Tribunal’s decisions of 21 January 2010. Its application was considered by the Chair of the
Code Compliance Panel (‘the CCP’) and the review was granted on the following grounds: the
upholding of paragraph 5.2 of the Code in relation to unsolicited text messages in contravention
of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘the
Regulations); reasons 2 and 3 that were upheld in relation to paragraph 5.4.1a of the Code,
reason 2 that was upheld in relation to paragraph 5.8 of the Code; and, the upholding of
7.12.3a-c of the Code.
On 12 March 2010, the Information Provider provided further responses to the Chair of the CCP
regarding the specific grounds for review. The Information Provider made an Informal
Representation to the Review Tribunal. The Tribunal made its decision regarding this case on
19 August 2010.
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